The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: 23722
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award of compensation made under the Scheme as failure by the applicant to give the Tribunal all reasonable assistance.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, signed and dated [ ], it is stated that the Applicant was assaulted in a Nightclub in [ ]. He was assaulted by a person he knew, [ ]. [ ] had hit him in the head with a glass. The Applicant went to the hospital where he got four stitches. The Applicant suffered from headaches and was out of work for three and a half days.
3. [ ] was prosecuted, according to the Garda report. He was ordered to pay [ ] in compensation to the Applicant in [ ] District Court.
4. The Applicant submitted receipts for a total of €70.
5. The Tribunal wrote to the Applicant by letter dated [ ] indicating that any sums paid by the perpetrator to the Applicant had to be deducted from any award made, and asking whether the Applicant wished to continue with his case. No response was received to the letter.
6. The Tribunal sent a further letter dated [ ] to the Applicant asking him to say whether he was pursuing the application by [ ], and stating that the file would be passed to a Tribunal member for a decision after that date. No response was received.
7. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
8. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Adequate supporting factual documentation outlining the nature of the injuries suffered was submitted. Accordingly, I admit the application for consideration under the Scheme.
9. The Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
10. From the foregoing lack of reply to the Tribunal’s correspondence, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal. The Tribunal wrote to the Applicant twice and received no response.
11. The Scheme provides at para. 15 (previously para. 16) as follows:
“15. The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
12. Therefore, in any event, on the papers to hand, given that the Applicant was only claiming €70, the Tribunal would not be able to make any award in circumstances where the evidence appears to show that [ ] in compensation was already paid to the Applicant by the offender.
13. The Applicant has established that he was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
14. The applicant has not replied to correspondence in relation to his application. Therefore I find that he has not given all reasonable assistance to the Tribunal as required. I make no award of compensation under the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022